LETTER TO MRS. NAOMI R. SWEENEY FROM JOHN M. MAURY

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP74B00415R000200010110-3
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 3
• Document Creation Date: December 16, 2016
• Document Release Date: May 10, 2005
• Sequence Number: 110
• Publication Date: February 19, 1971
• Content Type: LETTER

Approved For Release 2005/05/20 : CIA-RDP74B00415R000200010110-3
19 February 1971
Mrs. Naomi R. Sweeney
Office of Assistant Director
for Legislative Reference
Office of Management and Bud
Washington, D. C. 20503
Mrs. Sweeney:
This is In response to your request for our views on the Civil
Service Commission's draft bill ~ Relating to age requirements for
appointments to position! in Executive agencies, and in the competitive
service.
The draft bill extends the current ban on Maximum. age limits
into the competitive service to include all civil service
t
ry
,ter en
positions. It also authorizes the Civil Service Commission to except
specific positions from the ban.
it is understood that the chief aim of the draft bill is to eliminate
the necessity for legislation for each exception to the current outright
ban. Since Agency positions are not within the competitive service,
we have no substantive comments on the need for such relief.
The provision in the draft bill for Civil Service Commission
review of the qualifications and responsibilities of positions in order
to make a determination that age is a bona fide occupational qualifica-
tion reasonably necessary to the performance of duty does present a
problem, however. This external review would conflict with the
statutory security responsibilities placed upon the Director of Central
positions and the duties performed by the incumbents, are inextricably
related to the security responsibilities of the Director of Central
intelligence.
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In recognition of the general security considerations which
are here involved, the Central Intelligence Agency Act of 1949 provides,.
"Notwithstanding any other provisions of law, sums made available to
the Agency by appropriation or otherwise may be expended for purposes
essary to carry out its functions, including - (1) personal services,
including personal services without regard to limitations on types of
persons to be employed, . , . " (50 U. S. C. 403J). Subsequently, and as
a correlative of this authority and the Director' a statutory respon-
sibility, CIA positions have been specifically exempted from statutes
governing civil service positions, e. g. the Classification Act of 1949
and the Personnel Rating Act of 1950.
In view of the above considerations, it is requested that CIA
positions be specifically exempted from the provisions of the draft
bill. Such action is completely consistent with what has been proposed
and approved in the past in connection with similar legislation.
Suggested language is enclosed.
Sincerely,
John M. Maury
Legislative Counsel
Distribution:
Original & 1 - Adse
1 - Subject file
1 - OLC Chrono
OLC:LLM:rcr (19 February 1971)
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Proposed amendment:
i4Seo. 4. This Act does not apply to positions in or under the Central
Intelligence Agency."
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